Please take a moment to review this User Agreement (the "Agreement"). This Agreement is an agreement between you (referred to hereinafter as "You", "Your," "Member," or "User") and PlayPark Inc. It is important that you understand both the benefits we provide, as well as our limitations.
This Agreement applies to all products and services owned or sublicensed by PlayPark Inc. including, but not limited to www.levelupgames.ph, and the entire PlayPark Inc. Network, including all sites (collectively, the "Sites"), and the various services offered, including but not limited to Game Products and any other services that may be added (collectively, the "Services"). PlayPark Inc. is the game publisher and operator of game titles and services under the Level Up! brand in the Philippines. Level Up! is a trademark of Level Up Inc. under license to PlayPark Inc.While the Sites each offer a different combination of services and tools from one site to another, this agreement reflects our approach to memberships across our Sites and Services.
SECTION 1: Acceptance of Agreement
When you complete the member registration process, begin, or continue using any PlayPark Inc. Sites and Services, you agree to this Agreement, and all PlayPark Inc. Policies published on any of the Sites or Services. This Agreement and all PlayPark Inc. Policies may be changed or updated from time to time without prior notice, and it is your responsibility to update your knowledge of them. You can view these terms, conditions and notices (these "Terms") at any time at: www.levelupgames.ph , under the Customer Support section. Your continued use of our Sites and Services signifies your binding acceptance of any changes. This Agreement and all PlayPark Inc. Policies will always be available on this site for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Subscription Service and stop using the Sites and Services provided by PlayPark Inc.
We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. The links to any third-party site or service are provided solely as a convenience to our visitors. Such third-party linked sites are not under PlayPark Inc. control and PlayPark Inc. is not responsible for and does not endorse their content. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.
SECTION 2: Our Services
PlayPark Inc. Sites and Services: As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communication tools, online forums, personalized content and branded programming through PlayPark Inc. Sites and Services. Some Services offered by PlayPark Inc. are provided free of charge. It is possible that this could change in the future.
Service Limitations: We will do our best to make your experience with the PlayPark Inc. Sites and Services a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that PlayPark Inc. Sites and Services, including the services of our third-party service providers, are provided AS IS. PlayPark Inc. Sites and Services and our third-party service providers cannot assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
Service Changes and Discontinuation: PlayPark Inc. does not guarantee that it will continue to offer access to, or support the Sites and Services. PlayPark Inc. may, in its sole discretion, cease to provide any or all support of the Sites and Services, terminate the Agreement, close all Accounts and cancel all of the rights granted to you under the Agreement. If PlayPark Inc. terminates the Agreement, you will not receive a refund of prepaid subscription fees.
PlayPark Inc. does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated using our Sites and Services, and PlayPark Inc. assumes no responsibility for the conduct of any other customers, and shall not be liable to you or any other person for their conduct.
PlayPark Inc. You expressly acknowledge, agree and consent that PlayPark Inc. shall not be responsible for any unlawful and unauthorized interception or access by third parties of any transmissions, private communications, or data within the Sites and Services.
Additionally, PlayPark Inc. may, and you hereby expressly authorize PlayPark Inc. to, disclose information about you to private entities, law enforcement or other government officials, as PlayPark Inc., in its sole discretion, deems necessary or appropriate comply with its legal obligations, protect vitally important interests, pursue its legitimate interests or the legitimate interests of third parties, respond to a national emergency, comply with the requirements of public order and safety, or to fulfill functions of public authority or for any purpose as may be allowed by law.
PlayPark Inc. may monitor usage of the System to gather statistical information that it may disclose to third parties. PlayPark Inc. may also contact you using the information you provided to, for example, provide technical support, respond to user inquiries, transmit questionnaires and offer products and services
SECTION 3: Policies and Regulations
For the benefit of the entire PlayPark Inc. community, and to comply with applicable laws, we have a few mandatory Policies and Regulations. Please understand that any conduct that is judged by PlayPark Inc., in its sole and unfettered discretion, to violate any of the Policies and Regulations is grounds for immediate termination of your account. For this reason, we ask that you carefully read and follow them.
Certified Accurate Information: You agree to provide true, accurate, current and complete information about yourself as requested in PlayPark Inc. Sites and Services registration. You accept that it is your responsibility to keep your Registration Data current and accurate, and any failure to comply with this provision will result in the forfeit of claims of any nature towards PlayPark Inc.
Account Security: You will be asked to select a Password during the registration process. You may not disclose your Password to anyone or allow anyone to use your Password to access the Sites and Services. You are responsible for maintaining the confidentiality of your Password and for any damage, harm, lost or deleted characters, etc. resulting from your disclosure, or allowing the disclosure, of any Password, or from use by any person of your Password. You may not obtain, attempt to obtain, use or attempt to use the password of anyone else. You are responsible for remembering your Account information and Password.
You will be asked to select an Account Name and a Character Name during the registration and character creation process. You may not allow anyone to use your Account Name or character name to access the Sites and Services. No player may use or attempt to imitate the character name of another player to impersonate or falsely represent his or her identity. You may not obtain, attempt to obtain, use or attempt to use the Account Name or Character name of anyone else.
Account Suspension: PlayPark Inc. may terminate the Agreement, close all your Accounts, and cancel all rights granted to you under the Agreement if: 1. You fail to pay subscriptions fees or render an account inactive for an extended period of time
2. PlayPark Inc. is unable to verify or authenticate any information you provide
3. You or anyone using any of your Accounts materially breaches the Agreement, makes any unauthorized use of the Sites and Services, or infringes the rights of PlayPark Inc. or any third party
4. PlayPark Inc. becomes aware of game play, chat or player activity under your Account that is, in PlayPark Inc. sole discretion, inappropriate or in violation of the Code of Conduct.
PlayPark Inc. reserves the right to terminate any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or billing information with the closed Account. Termination byPlayPark Inc. under this section shall be without prejudice to or waiver of any and all of PlayPark Inc. other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not receive a refund of prepaid subscription fees for a termination pursuant to this section.
Lawful Obedience: You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights or other intellectual property rights of others.
Content Restrictions: PlayPark Inc. Sites and Services attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part ofPlayPark Inc. Sites and Services are protected by international copyright and Trademark laws. The copying, publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on PlayPark Inc. Sites and Services are strictly prohibited without the prior written permission of PlayPark Inc. Content that is publicly available on PlayPark Inc. Sites and Service may not be stored in a computer, except for personal and non-commercial use.
Limits on Uses of User Information: By using any PlayPark Inc. Site or Service, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user's, whether specific to any particular user or as an aggregation, information accessible through any web sites owned by PlayPark Inc., including but not limited to any Commercial Purpose. "Commercial Purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences; using the data for targeted marketing campaigns; or using the data to offer services to PlayPark Inc. users. PlayPark Inc. reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or Services, including any PlayPark Inc. account not owned by you, to its source, or exploit the Sites or Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person's use of the Sites or Services. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to PlayPark Inc. on or through the Sites and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Consolidated Sites: PlayPark Inc. users should exercise caution when using consolidation sites. Consolidation sites are Internet sites that offer the ability to collect all of your personal information on one site. For example, you may be encouraged to provide consolidation site operator's access to your PlayPark Inc. accounts or membership information so that the information can be used to design customized search engines, web pages or advertising for you. All transactions initiated through a consolidation site using access information you provide are considered to be authorized by you, whether or not you were aware of the specific transaction. PlayPark Inc. is therefore not responsible if the security, accuracy or quality of your information if it is compromised by a consolidation site you have authorized to access your data.
SECTION 4: Rights You Grant to the PlayPark Inc. Sites
Account Access: In order to ensure that the PlayPark Inc. Sites and Services are able to provide high-quality services that are responsive to our members' needs, you agree that PlayPark Inc.employees have access to your account and records as reasonably needed to investigate complaints
Merger or Acquisition: In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by PlayPark Inc., PlayPark Inc. may transfer your personally identifiable information and transition your existing accounts to a similar subscription product to a third party as a part of such merger, acquisition, reorganization, or sale.
SECTION 5: Legal Reminders
Disclaimer of Warranties: You expressly understand and agree that:
Your use of the Sites and Services is at your sole risk. The Sites and Services are provided on an "AS IS" and "AS AVAILABLE" basis. PlayPark Inc. and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
PlayPark Inc. makes no warranty that:
1. The Sites and Services will meet your requirements
2. The Sites and Services will be uninterrupted, timely, secure, or error-free
3. The results that may be obtained from the use of the Sites and Services will be accurate or reliable
4. That, should such a service be provided, your email or voicemail messages will not be lost
5. Any errors in the software will be corrected.
6. The quality of any products, services, information, or other material purchased or obtained by you through the Sites and Services will meet your expectations
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from PlayPark Inc. Sites and Services, our third party service providers, or through or from the Service will create any warranty not expressly stated in this Agreement.
To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.
No Endorsement of User Content: You acknowledge and agree that PlayPark Inc. Sites and Services do not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that PlayPark Inc. Sites and Services do not pre-screen any user posted content, but that PlayPark Inc. and their designees will have the right, but not the obligation, in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Sites and Service. User is defined as any person who visits PlayPark Inc. Sites and receives information or uses PlayPark Inc. Services.
Limitation of Liability: You agree that the PlayPark Inc. will not be liable to you for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if the PlayPark Inc. Sites and Services have been advised of the possibility of such damages, resulting from:
1. The use or the inability to use the Service
2. The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service
3. Unauthorized access to or alteration of your account, information, transmissions or data
4. Statements or conduct of anyone on the Service
5. Any other matter relating to the Service
If, not with standing the other provisions of this Agreement, PlayPark Inc. is found to be liable to you for any damage or loss which arises out of or is any way connected to your use of the Sites or Services,PlayPark Inc. liability shall in no event exceed the total of any subscription or similar fees with respect to any Service or feature of or on the Sites paid in the six months prior to the date of the initial claim made against PlayPark Inc.
Indemnification: You agree to protect and fully compensate PlayPark Inc. Sites and Services and their service providers from any and all third-party claims, liability, damages, expenses and costs, including, but not limited to, reasonable attorneys fees, arising from your use of the Sites or Services, your violation of the Agreement or PlayPark Inc. Policies, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Copyright Infringement: PlayPark Inc. respects the intellectual property of others, and we ask our users to do the same. PlayPark Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
PlayPark Inc. rights under this Agreement may not be waived unless PlayPark Inc. agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with PlayPark Inc. prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
All matters relating to your access to, or use of, the Service shall be governed by Philippine laws, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this Agreement need to be given in writing to one another at our head office address, or any new address that is given in such a notice. This Agreement is the entire understanding between you and PlayPark Inc. Sites and Services.
SECTION 6: Subscription Terms of Service
PlayPark Inc. reserves the right, at any time, to change its fee and billing methods, including the addition of supplemental fees or separate charges for content, or services provided by PlayPark Inc., effective immediately after an online posting any of the PlayPark Inc. Sites and Services. PlayPark Inc. may additionally provide notice of billing changes via electronic mail. If any such change is unacceptable to you, you may cancel your subscription service or patronage. Again, canceling may immediately terminate access to your account and PlayPark Inc. will not refund the remaining portion of your subscription or credited balance. Your continued use of the service following the effective date of any change, to such fees and billing or otherwise shall constitute your acceptance of such change. PlayPark Inc. is not responsible for failure to cancel your subscription either in writing by electronic mail, fax, or letter or on the website. You agree and acknowledge that PlayPark Inc. shall not be responsible for any adjustments, refunds or account oversight that remains unaddressed.
Termination of Your Subscription: You may terminate your subscription at any time. When you terminate your account, it will be terminated immediately, without refund. You acknowledge that PlayPark Inc., in its sole discretion, may terminate your Account, password, or any part thereof, or use of the Sites and Services for any reason, including, without limitation, if PlayPark Inc. believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or any PlayPark Inc. Company Policies. PlayPark Inc. may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that PlayPark Inc. may immediately deactivate or delete your account and/or bar any further access to the Sites and Services. Further, you agree that PlayPark Inc. shall not be liable to you or any third-party for any termination of your access to the Sites and Services. You agree and acknowledge that PlayPark Inc.shall not be responsible for any adjustments, refunds or account oversights.
Subscriber Information: You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you will have an account and enter a password. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You must promptly inform PlayPark Inc. of any changes in your subscriber information, or apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an Account or password. Until PlayPark Inc. is notified and acknowledges of a breach in security, you will remain liable for any unauthorized use.
Access: You are responsible for providing all personal computer and communications equipment necessary to gain access to the Sites and Services. Access to and use of the Sites and Services is through a combination of an Account Name and a password. You must keep your password strictly confidential. PlayPark Inc.will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Sites and Services is a breach of this Agreement and a violation of law.
Warranty: No warranty is made by PlayPark Inc. regarding any information, services, or products provided through or in connection with the Sites and Services, and PlayPark Inc. hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement.
Limitations of Liability: You hereby agree that PlayPark Inc. will not be liable for indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with the Agreement or the Sites and Services, even if PlayPark Inc. has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the service will not exceed the total fees paid by you under the Agreement during the six months prior to the date of the initial claim made against PlayPark Inc.
Use Restriction: The material on the PlayPark Inc. Sites and Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. PlayPark Inc. spends a great deal of time and money to obtain the information appearing on our Sites and Services. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from PlayPark Inc. Sites or Services, without express written permission fromPlayPark Inc. You agree that if you do so, PlayPark Inc. reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
Modifications: This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on the Sites or Services. Your continued use of the Sites and Services constitutes your binding acceptance of this Agreement, including any changes or modifications we may make. If any part of the Agreement or any future changes to the Agreement are not acceptable to you, your only recourse is to terminate the Agreement. We may change, suspend or discontinue all or any aspect of the Sites and Services at any time, including availability of any Service feature, database or content, without prior notice or liability. You agree and acknowledge that PlayPark Inc. shall not be responsible for any adjustments, refunds or account oversights.
Notices: Notices by PlayPark Inc. to subscribers may be given by means of electronic messages or by a general posting on the Sites or Services.
The Agreement: This Agreement is governed by Philippine laws, without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in courts located in the Philippines in all disputes arising out of or relating to the Sites and Services. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us, or our affiliates. Use of the Sites and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Sites and Services in any manner contrary to local or national law. PlayPark Inc. expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local or national law. Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites and Services or information provided to or gathered by us with respect to such use. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. The Agreement constitutes the entire agreement between you and PlayPark Inc. with respect to the Sites and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PlayPark Inc. with respect to the Sites and Services. A printed version of the Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Downloadable Material: Any material or third party software downloaded through or for the use of the Sites and Services is done at your own discretion and risk. PlayPark Inc. will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the PlayPark Inc.Sites and Services or our third party service providers will create any warranty not expressly stated. PlayPark Inc. makes no representation or warranties that:
1. The Sites and Services will meet your requirements
2. The Sites and Services will be uninterrupted, timely, secure, or error-free
3. Any third party provided software, drivers, modifications, or other materials are non-infringing, accurate or reliable
4. The results that may be obtained from the use of the Sites and Services will be accurate or reliable
5. The quality of any products, services, information, or other material purchased or obtained by you through the Sites and Services will meet your expectations
6. Any errors in PlayPark Inc. or third party software will be corrected.
No material will be sent to you via electronic mail or postal service. Our service is provided online only and failure to obtain your download will not be exchanged for tangible goods or sent via email.